In a statement, Bareman, who is also a patron for the Walk Without Fear, a trust set up in Vake’s name to eliminate street violence in Aotearoa, criticised the decision to let Pomale walk free.
“The discharge of Semisie Pomale, who pleaded guilty, is a travesty,” Bareman said.
“We agree with the police prosecutors that context of the offending must be viewed in its entirety, and it can’t be isolated from that situation.
“Not only did Pomale provide the catalyst for the blow which killed Fau when he slapped him. He restarted the violence when Fau was clearly trying to de-escalate the situation.”
While previous sentencings have attracted large crowds to the High Court at Auckland, which included Kiwi UFC stars Israel Adesanya and Dan Hooker, last week’s hearing was a quieter affair. Pomale sat in the dock of a small, nearly empty Auckland District courtroom as Judge Peter Winter evaluated the discharge without conviction request.
The courtroom scene was reflective of Pomale’s lesser role, defence lawyer Mark Ryan suggested, pointing out his client was the only defendant to have his charges severed and returned to the District Court. While his co-defendants faced manslaughter and assault with intent to injure convictions, Pomale was only ever charged with two counts of common assault, which carries a maximum possible sentence of one year’s imprisonment.
“He [Pomale] says as a result of what happened to Mr Vake, he was shocked to the core,” Judge Winter said, noting the defendant claimed he had stopped drinking alcohol since the incident. “I assess him to be genuinely remorseful.
“I do not consider that he would have been aware of the likelihood of the incident elevating to the extent that it did, where a blow was administered by another person which caused the victim to fall to the ground and suffer the fatal injury he did.”
Vake, whose full name is Lifau Tu’iha’aingana Vake, was with brother Ika Vake, on Symonds St when the confrontation occurred between them and four strangers, according to court documents. The Vake brothers did not throw any punches themselves and were not the aggressors, prosecutors have repeatedly pointed out at previous hearings.
However, Bareman was not convinced by the argument that Pomale had a significantly lesser role in the attack.
“He had already taken part in the initial attack on Fau’s brother James, including pushing him through a locked shop doorway as other members of his group attacked James. That he appears to have been appointed to a leadership role in Tongan rugby, just three years after he failed miserably to show leadership in a lethal attack, is a serious concern,” Bareman said.
“What is equally concerning is how he has used that role to argue for a discharge and apparently delay sentencing while he travelled. It is another kick in the guts for Fau’s family and friends. You would think the other kicks and punches delivered to Fau and James were enough.
“Our role at the Walk Without Fear Trust is to educate people on the consequences of the coward punch and associated social violence and foster a change in attitude. But equally, it is also to draw attention to the failings in our judicial system and call for change where we believe it is manifestly unjust.”
In April 2022, Daniel Havili was sentenced to two years and nine months in prison for his role in Vake’s death. Accomplices Ofa He Mooni Folau and Siofilisi Paongo were sentenced to six and five months’ home detention respectively.
